Yesterday, the New Jersey Supreme Court rolled back both rules, saying that they were overly restrictive and unnecessary under existing state law. Specifically, the court ruled that because the existing 150-foot buffer was determined by the legislature, the executive branch had no right to tack on the additional 20 feet. The case had been brought by the New Jersey Builders Association.
Twenty feet might not seem like much, but state DEP officials estimate that the eased restrictions will impact "thousands of acres," according to one. Officials also predict that the ruling will unleash of wave of permit applications to fill in the seasonal pools, which provide an amphibian habitat, for development purposes.
Both rules were drawn up by the DEP in 2000 as part of the enforcement of the Freshwater Wetlands Protection Act, which dates to the late 1980s.
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